Madras High CourtTR CMP/579/2017disposed of

V.Pavithra v. S.Sureshkumar

2017-10-26Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2017

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.579 of 2017 and C.M.P.No.12165 of 2017 V. Pavithra ... Petitioner

Versus

S. Sureshkumar ...

Respondent Prayer: Petition filed under Section 24 of the Civil Procedure Code praying to withdraw the case in H.M.O.P.No.11 of 2017 pending on the file of the Hon'ble Additional Sub Court, Thirunelveli and transfer the same to the Hon'ble Sub Court, Mathuranthagam, Kancheepuram District.

For Petitioner : Mr.E.Sathiyaraj For Respondent : Mr.B.Srinivasan

O R D E R

The petitioner/wife has filed this Transfer Civil Miscellaneous Petition, seeking transfer of H.M.O.P.No.11 of 2017, pending on the file of Additional Sub Court, Thirunelveli to the file of Sub Court, Mathuranthagam, Kancheepuram.

2. The respondent/husband has filed the above H.M.O.P.No.11 of 2017 under Section 13(1)(i-a) of the Hindu Marriage Act, before the Additional Sub Judge, Thirunelveli for dissolution of marriage solemnized between the petitioner and the respondent on 27.12.2012 and 09.02.2014.

3. In the affidavit she expressed her difficulty as she has to travel all along 600 kilometres from Kancheepuram to Thirunelveli to attend each and every hearing. It is also stated that her parents are aged and they could not accompany her. Hence, transfer is sought for.

4. Heard the learned counsel for the petitioner as well as learned counsel for the respondent.

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5. After hearing both the counsels for petitioner and respondent for sometime, they expressed their apprehension about the danger to their life. Both the counsels thereafter agreed for the matter being transferred to any of the Family Courts in Chennai.

6. Accordingly, with the consent of both the counsels, the Transfer Civil Miscellaneous Petition is disposed of and H.M.O.P.No.11 of 2017, pending on the file of Additional Sub Court, Thirunelveli shall stand withdrawn and transferred to any of the Family Courts in Chennai. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar rsi To

1. The Additional Sub Judge, Thirunelveli.

2. The Judge, Family Court, Chennai.

+ 1 cc to B. Srinivasan, Advocate SR.75569 + 1 cc to Mr. E. Sathiyaraj, Advocate SR.75455 Tr.C.M.P.No.579 of 2017 and C.M.P.No.12165 of 2017 CS-IV EU(07/12/2017) https://hcservices.ecourts.gov.in/hcservices/